§ 14.153 STANDARDS FOR LOCATION AND OPERATION.

   (a)   Transfer prohibited. The license issued pursuant to this Division B is for the person named on the approved license application. No transfer of a license shall be permitted from person to person without complying with the requirements of an original application.

   (b)   Location of newspaper racks and courtesy benches . No courtesy bench or newspaper rack shall be located in whole or in part on private or public property without the express written consent of the property owner or the owner’s representative and in no case shall a courtesy bench or newspaper rack be located:

      (1)   Within five feet of a pedestrian crosswalk, fire hydrant, semaphore standard, public mailbox or fire or police call box or within 15 feet of the curb return of any unmarked crosswalk, driveway or alley;

      (2)   Within three feet of the back edge of the curb or the traveled portion of any public street, road or highway;

      (3)   Within five feet of any traffic control sign or sign marking a designated bus or light rail transit (“LRT”) stop or designated loading space, public trash receptacle, drinking fountain, bicycle rack, tree grate, manhole cover, meter and/or valve box cover, or vent cover for underground utilities or other permitted right-of-way obstruction or appurtenant feature, except as hereinafter provided;

      (4)   At any location where it would restrict the clear, continuous space for pedestrian traffic to five feet or less;

      (5)   Within the traveled portion of any street, alley, lane or passageway intended for regular use by motor vehicle traffic;

      (6)   At any location so as to obstruct the clear-view triangle of street intersections or street and driveway intersections, as defined and regulated by city code Chapters 17 and 19 or so as to otherwise interfere with the clear and unobstructed vision and cross view of motorists at street intersections, driveways or alleys;

      (7)   Within one foot of the edge of any public sidewalk or at any location where it would interfere with the cleaning of or snow removal from any public sidewalk by use of mechanical equipment;

      (8)   At any location where it would interfere with ingress and egress from buses or LRT cars or the use of transit shelters or benches;

      (9)   At any location where it would interfere with ingress and egress from a vehicle parked in a stall reserved by proper signage for handicapped persons or any handicap access ramp;

      (10)   At any location where it would interfere with the normal use or facilitate the misuse of any other permitted right-of-way obstruction, or appurtenant feature; or

      (11)   At any other location where it would interfere with or impede the flow of pedestrian or vehicular traffic, including access to legally parked or stopped vehicles, or where it would interfere with the use of the property for public utility purposes, public transportation purposes or other governmental use.

   (c)   Installation and maintenance.

      (1)   Installation. When a location is approved for a courtesy bench or newspaper rack , the bench or newspaper rack shall be installed parallel with the street. Every newspaper rack shall be installed so as to open toward the sidewalk or public pedestrian area, as opposed to the abutting public roadway or private property. In no case shall a newspaper rack or courtesy bench be attached in any manner to any lighting system, street lamp post, hydrant, tree stake or guard, electric light or power pole, sign post, telephone pole or wire appurtenance thereof, semaphore standard, traffic control device, parking meter, tree, shrub, rock, sidewalk or other natural feature or any other permitted right-of-way obstruction, other than permissively to another licensed newspaper rack . A courtesy bench or newspaper rack may be weighted down, so long as the weight or anchor is an integral and attached component of the main structure and not separately accessible or removable.

      (2)   Relocation. Once installed at an approved location, no courtesy bench or newspaper rack may be moved to a new location without an approved relocation permit as set forth in § 14.150 of this Division B and payment of a relocation fee. Failure to obtain an approved relocation permit will void the license upon relocation as to that newspaper rack or courtesy bench , subjecting that structure to removal and impoundment pursuant to § 14.149 of this Division B.

      (3)   Number at one location. There shall be no more than one courtesy bench located on one side of any one-block area at each approved site. Newspaper racks may be clustered together in groups of two or more so long as the units are situated side-by-side with no more than a two foot separation between each individual unit and installed in a line parallel to the street with that line extending no further than 15 feet, including the separation space between units. Each cluster must be separated by a distance of not less than 100 feet. However, no newspaper racks shall be clustered together within 15 feet of any street intersection or street and driveway intersection or in a manner that obstructs the clear-view triangle of the street intersection as defined and regulated by Chapters 17 and 19 of this city code or otherwise interferes with the clear and unobstructed vision and cross view of motorists at street intersections, driveways, or alleys.

      (4)   Identification. Each courtesy bench and newspaper rack must permanently display the name, address and telephone number of the licensee.

      (5)   Maintenance. It shall be the duty of the licensee to maintain each bench or newspaper rack at all times in a safe condition at its proper location. The licensee shall periodically inspect each bench and newspaper rack in order that it is properly maintained. Courtesy benches and newspaper racks shall be kept at all times in a neat, clean and usable condition. Snow and ice shall be removed from the benches and newspaper racks and the vicinity thereof during the winter so as to be accessible at all times during the year. Newspaper racks shall be maintained in good working order at all times, freshly painted and with unbroken hoods free of graffiti, pasted bills and debris.

      (6)   Location of advertising. No advertising shall be displayed on any courtesy bench except upon the front and rear surfaces of the backrest. Newspaper racks shall display no advertising except a logo or other identification of the newspaper being dispensed on the front of the newspaper rack . No courtesy bench or newspaper rack advertising shall display the words, “Stop,” “Look,” “Danger” or any other word, phrase or symbol that might interfere with, or distract traffic. Courtesy benches and newspaper racks are not subject to the requirements of §§ 19.100 through 19.127 of this city code.

   (d)   Dimensions and design.

      (1)   Courtesy benches . No bench shall be more than 42 inches high, as measured from the surface of the sidewalk or ground upon which it is mounted, nor more than 30 inches wide or seven feet long overall.

      (2)   Newspaper racks . No newspaper rack shall be more than four and one-half feet high, as measured from the surface of the sidewalk or ground upon which it is mounted, nor more than two feet deep or two and one-half feet long.

      (3)   Illumination. In no case shall a courtesy bench or newspaper rack contain an element or device designed to emanate artificial light either internally or externally.

(1958 Code, § 140.04) (Ord. 66-46, passed 8-1-1966; Ord. 74-108, passed 11-18-1974; Ord. 75-62, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 81-58, passed 11-23-1981; Ord. 82-38, passed 9-27-1982; Ord. 87-77, passed 10-16-1987; Ord. 94-47, passed 8-15-1994; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2004-12, passed 4-5-2004; Ord. 2004-31, passed 7-6-2004; Ord. 2006-45, passed 10-9-2006)